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............................................................................................................................DescriptionOutsourcing to India: Cross-Border Legal Issues is a definitive reference guide to the wide range of issues under Indian law which should be considered by legal practitioners and in-house counsel, whether practicing in India or overseas, when drafting an outsourcing contract involving services rendered in India. In addition to providing comprehensive coverage of contract law, taxation, employment law, data protection and intellectual property rights applicable to outsourcing contracts irrespective of the lex contractus selected, the book addresses complex cross-border legal issues which are frequently faced by international lawyers, encompassing: Indian conflicts of laws rules, including status of injunctive relief obtained overseas and legality of clauses foreclosing jurisdiction in India; litigation versus arbitration and enforcement of foreign judgments and arbitral awards in India including judgments enforcing IP rights; acquisition of rights by employees vis-a-vis foreign outsourcing clients; multi-jurisdictional transfer of employees and 'sweat shop issues'; taxation of foreign companies outsourcing to India, including permanent establishment issues; transfer of sensitive data, including 'look-in' situations and the new Indian jurisprudence on privacy rights in data, including medical and financial data; compliance with EC laws on data transfer to India, including contractual solutions and corporate privacy policies; 'work for hire1 concepts under Indian IPR laws as well as licensing and assignment of intellectual property rights; and regulatory issues for outsourcing of financial services. This book is an essential source of reference for lawyers involved in outsourcing processes to India, whether through captives or third party service providers.............................................................................................................................ContentsChapter 1. An Introduction to Outsourcing Contracts and Relevance of Indian LawChapter 2. Conflict of Law Rules in India A. Forum Selection Clauses in Outsourcing Contracts B. Enforcement of Foreign Judgements C. Enforcement of Foreign Arbitral Awards in Outsourcing Disputes D. Remedies for Breach of ContractChapter 3. Taxation Issues A. Provision of Outsourced Services from a Special Economic Zone B. Taxation of Outsourcing : Software Technology Parks C. Taxation of Outsourcing : Export Oriented Units (EOUs) D. Taxation of Foreign Companies Outsourcing to India E. Service Tax on Outsourcing ContractsChapter 4. Employment Law Issues A. Hire and Fire B. Enforceability of Restrictive Covenants in Employment Contracts C. Tortious Interference with Contractual Obligations D. Contract Labour Law Issues Related to OutsourcingChapter 5. Privacy, Data Protection and IT Policy A. Information Technology Act, 2000 Privacy and Data Protection B. Privacy Rights under Indian Law C. Compliance with EC Law : Contractual Solutions and Corporate Privacy Policies D. State IT and BPO PoliciesChapter 6. Licensing, Copyrights in Databases, Software and Infringement Issues A. Work for Hire Doctrine and Assignment of Intellectual Property RightsChapter 7. Regulatory Issues A. Telecom Regulations Applicable to Outsourcing Service Providers B. Regulation of Financial Services OutsourcingAppendices Appendix I - Government of Andhra Pradesh Abstract Appendix II - Information Technology Policy of Assam 2000 (India) Appendix III - IT Policy of Chhattisgarh State (India) Appendix IV - IT Policy of Delhi State (India) Appendix V - IT Policy 2005 Government of Goa Appendix VI - Government of Haryana Information Technology Policy 2000 Appendix VII - IT Policy of Himachal Pradesh State (India) Appendix VIII - Information Technology Policy for State of Jammu and Kashmir Appendix IX - Information Technology Policy Appendix X - IT Policy of Madhya Pradesh Appendix XI - IT and ITES Policy 2003 Appendix XII - Information Technology Policy of Manipur 2003 Appendix XIII - Information Technology Policy-2004 Appendix XIV - Information Technology Policy Government of Mizoram Appendix XV - Punjab Information Technology (IT) Policy-2001 Appendix XVI - Information Technology Policy Government of Rajasthan Appendix XVII - Sikkim Government Gazette Appendix XVIII - Information & Communication Technology Policy 2006 Appendix XIX - West Bengal IT Policy 2003Index............................................................................................................................Author DetailsAparna Viswanathan (AB Harvard University and JD University of Michigan Law School) admitted to the Bar in New York, Washington DC, California, England (of Lincoln's Inn) and India, is a practicing lawyer and founding partner of Viswanathan & Co, Advocates, with offices in New Delhi and Bangalore. After years of practice in both the United States and India working on international transactions, she is particularly well placed to focus on cross-border issues faced by practitioners whether based in the US, the UK or India. She is a well-published author having published over 70 articles in international law journals on data protection, intellectual property rights, employment law and other corporate law issues. She has extensively lectured on data protection, employment law, IP and IT issues under the aegis of the Practicing Law Institute, the British Institute for International and Comparative Law, the Institute for International and Comparative Law, Piano, Texas, the Confederation of Indian Industries, the Indo-American Chamber of Commerce as well as numerous other fora and is currently an officer of the Technology Committee of the International Bar Association.............................................................................................................................
